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2025 DAILYLAW 41931 (AP)

Kovvuri Naga Surendra Reddy, v. THE STATE OF ANDHRA PRADESH

WP/28237/2025 · 2025-11-06

Ravi Cheemalapati

body2025

Judgment text

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APHC010547832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28237/2025 Between: Kovvuri Naga Surendra Reddy, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. T V JAGGI REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: The short grievance of the petitioners is that the respondents are not taking any action against the illegal construction made by the 7th respondent, in the cart track, situated in Sy.No.39 and 40 (LP.No.174 & 111) of Akuteegapadu village, Pentapadu Mandal, West Godavari District. 2. Heard Sri T.V.Jaggi Reddy, learned counsel for the petitioners, Sri Y.KoteswaraRao, learned Standing counsel for Gram Panchayat and Smt Naga Chandrika, learned Assistant government pleader for Panchayat Raj. 3. Learned counsel for the petitioners in elaboration to what has been stated in the affidavit contended that, the petitioners are the absolute owners of the subject property and have been in peaceful possession and enjoyment of the same by doing cultivation. He further submitted that there exists a land between the petitioners land and the panchayat road, which is classified as „cart track/puntha‟ and in the said cart track, the 7th respondent has started making construction without any title or permission. He further contended that despite making a representation dated 12.09.2025 in that regard, the authorities have not taken any action. He further submitted that, the subject cart track/puntha belongs to Gram Panchayat and as per G.O.Ms.No.188 dated 21-07-2011, it is the statutory duty cast upon the authorities to safeguard the Panchayat property but inspite of it, no necessary action was initiated by the respondent authorities. As such prayed to pass appropriate orders protecting the interest of the petitioners. 4. Learned Standing counsel for Gram Panchayat submitted that pursuant to the interim direction given by this Court on 17.10.2025, the construction activity was stopped and if the unofficial respondent proceeds further with the construction, the authorities concerned would take steps in accordance with law. 5. To the said submission, learned counsel for the petitioners submitted that the construction activity was almost completed but the authorities have not taken steps to remove the same. 6. Perused the record and considered the submissions. 7. The prime grievance of the petitioners is that 7th respondent is constructing a building in government land i.e., cart track without having any title and permission. Inspite of making representation, no action was initiated by the respondent authorities. By virtue of rules framed under G.O.Ms.No.188 dated 21.07.2011, it is the statutory duty cast upon the Gram Panchayat authorities to safeguard the Panchayat property. 8. In view of the submission made by the learned Standing counsel for Gram Panchayat that the authorities concerned would take steps in accordance with law, this writ petition can be disposed of at the admission stage itself with the consent of both the parties, without inviting counter, with the following directions: “The Gram Panchayat concerned shall take steps against the illegal constructions, if any made by 7th respondentin the cart track situated Sy.No.39 and 40 (LP.No.174 & 111) of Akuteegapadu village, Pentapadu Mandal, West Godavari District, in accordance with law by issuing show cause notices to all the concerned parties inviting explanation by giving reasonable time and to pass a reasoned order after providing an opportunity of being heard and communicate the same to all the parties concerned in accordance with law within three(03) months from the date of receipt of copy of this order.” Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI BRS